As an ongoing service to clients, we continue to provide you with details of VCAT retail leasing cases and selected property-related cases each month.
Here are six cases that may be of interest to you, as summarised below:
VCAT Cases
1.Stone World Australia Pty Ltd v 1240 Nepean Hwy Pty Ltd (Building and Property) [2025] VCAT 988 (6 November 2025) This case dealt with the sale of a property and the surrender of a lease, where the landlord sought to reduce the surrender figure. In this case, the tenant was successful.
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2.Wills v Wilson (Building and Property) [2025] VCAT 1022 (14 November 2025)This case dealt with an application to refund part of a bond due to alleged damage to the premises and addressed the incorrect reliance on fake AI sources. The application to dismiss the case based on the lack of a Section 87 certificate was rejected.
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3.Borg v Romanos (Building and Property) [2025] VCAT 867 (26 November 2025) This case dealt with the disputed condition of the premises at the end of the lease and the lease provision to repaint every five years. The tenant was successful in this case save for minor cleaning expenses incurred by the landlord.
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County Court of Victoria
1.Tok Holdings Pty Ltd v Marchionna (No 2) [2025] VCC 1606 (6 November 2025)This case dealt with a claim for arrears of rent and car park licence fees. Subject to Section 81A of the Act, this was not within VCAT’s jurisdiction. In this case, the landlord was successful.
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Supreme Court of Victoria
1.Environment Protection Authority v Veolia Recycling & Recovery Pty Ltd [2025] VSC 696 (11 November 2025)This case dealt with a breach of the licence to develop a Landfill Gas Remediation Action Plan at a site in Hampton Park. The EPA were successful in this case.
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Supreme Court of Appeal of Victoria
1.Kingston City Council v Mobius [2025] VSCA 322 (12 December 2025) This case dealt with a site used for storing coarse timber mulch. The council were successful, and the use was determined to be a prohibited use.
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